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(영문) 수원지방법원 안양지원 2014.09.05 2014고단75
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 06:00 on November 24, 2013, the Defendant: (a) considered the victim living together with another male and female living together with the victim at the “D” point operated by the Victim C (W, 39 years of age) located in Mayang-gu, Mayang-si; (b) considered the victim living together with the other male and female, and threatened the victim, such as the victim’s knife knife (the total length of 30cm, 18cm in length) and knife knife knife knife knife knife knife knife s

Accordingly, the defendant threatened the victim with a deadly weapon.

2. “D” between 00:50 to 01:20 on July 17, 2014, the Defendant: (a) expressed the attitude that “I will drink the alcohol here; (b) I wish to see whether I will drink the alcohol; and (c) I wish to see whether I will do so; and (d) I wish to do so, I would like to see that I will drink, I will do so; and (b) I would see that I would drink and take a bath, and interfere with the victim’s bar business by exerting influence of approximately 30 minutes of drinking alcohol.

Summary of Evidence

"2014 Highest 75"

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of police seizure and list of seizure "2014 Highest 852";

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act, and Article 314(1) of the Criminal Act (a) of the same Act concerning criminal facts; Article 3(1) of the same Act concerning the punishment of criminal facts; Article 3(1) of the same Act

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (it shall be considered that there is no record of criminal punishment other than fine, and that the victim does not want the punishment);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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